Un fallo reconoce el derecho al olvido
Author | Diego Fernández,Valentina Rocca |
Published date | 22 June 2022 |
Date | 22 June 2022 |
Law Firm | Marval O'Farrell Mairal |
El actor interpuso una acción de habeas data contra la Policía de la provincia de Salta para que se dispusiera la supresión de ciertos antecedentes penales referidos a su persona. Dichos antecedentes eran actuaciones penales sin sentencia condenatoria y con más de treinta años de antigüedad. El actor argumentó que la permanencia en el registro de estos datos tenía un efecto negativo sobre su persona, incidiendo en el ámbito laboral.
La Cámara de Apelaciones rechazó la acción de habeas data al considerar no acreditados los requisitos de procedencia y sostuvo que el procedimiento adecuado requiere una orden judicial expedida por la autoridad judicial donde se tramitó la causa. Asimismo, remarcó que la Policía de la provincia no actúa como banco de datos público o privado, sino como un registro de antecedentes y que, ante la falta de orden judicial, no se encontraba legitimada para ser demandada.
A su turno, la Corte de Justicia de Salta hizo lugar al recurso de apelación, revocó la sentencia y ordenó que la División de Antecedentes de la Provincia de Salta se...
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